California’s New Law Requires Cal/OSHA To Provide Copies of Citations Issued To Contractors to The Contractor’s State Licensing Board

On September 15, 2016, Governor Brown approved Senate Bill 465 which requires the California Division of Occupational Safety and Health, after consultation with the California Contractors’ State Licensing Board, to transmit to the Board copies of any citations or other actions taken by the Division against a contractor.

Existing law allows the Board to license, regulate, and discipline contractors for their construction activities. Senate Bill 465 now requires the Division to consult with the board and transmit any citations or other actions taken by the Division against a contractor. The bill would authorize the board to enter into an interagency agreement with any other state or local agency that may have possession of information relevant to protect the public.

The bill also requires a licensee to report to the registrar within 90 days of the date it received notice of any felony or criminal conviction related to the qualifications, functions, or duties of a licensed contractor.

This new collaboration of state organizations is sure to create new difficulties for contractors. Once a citation is received, the Division may hand over the citation regardless of whether the contractor is guilty of violating the citation and the Board is likely to issue disciplinary actions if the Board determines that the contractor is acting in a way that it negatively affects the pubic. It is essential that contractors actively engage in their safety and health efforts to avoid receiving a citation.

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